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The American Kennel Club Board and staff have
embarked on aggressive, very questionable actions against other
legally constituted kennel clubs, and in the process, they have
ensnared the AKC judges in their net. According to the May 2006 AKC
Board minutes, the AKC Board will decide which organizations will be
blacklisted for their judges and which will meet the exceptions to
their newly-adopted policy. The Board also ruled that any
AKC-approved judge, who shall judge a purebred dog event in the U.S.
not in accordance with the rules of AKC, which apply to such
purebred dog events without the express permission of the AKC, may
be disciplined even to the extent of having his or her AKC judging
approval revoked. This applies to every AKC judge. Stop and think –
you, with your own life to live - a school teacher, lawyer, doctor,
CEO, lab technician, computer programmer, supervisor or whatever,
must call an individual in the AKC Judges Department to ask
permission for you to enjoy a weekend anywhere in the country to
judge a dog show whether you charge a fee or just enjoy judging.
Forget the fact that you will be gaining experience judging dogs.
This matters not. The very fact that the AKC mandates that all
judges call is intimidating to a judge so that judges will think
twice before they call in order not to get on AKC’s list of judges
judging for other registries. Heaven forbid you don’t dare do
anything to get the AKC Judges Department unhappy with you. Are we
still in the good old USA, land of the free? Not if you are an AKC
judge. A good many people have indicated they believe this is an
abuse of power and a violation of federal statutes.
Initially the AKC Board is focusing on other organizations which
register dogs or hold dog show or obedience-like competitions. For
the moment, field event organizations, agility clubs and licensed
dog show superintendents are exempt, but for how long? And who will
be next?
In taking the action, a good many of the judges, Delegates and
others believe the AKC Board has trampled on the rights afforded
them under the Charter and Bylaws of the American Kennel Club, Inc.
to say nothing of their constitutional rights, both federal and
state, and under various statutes. In the process, the AKC Board has
usurped the authority of the Delegate Body.
Many of us are convinced that a good number of responsible
individuals at various levels, including a good many of the
Delegates, are simply not aware of the various provisions, rights
and limitations placed on them respectively in the hundreds of pages
contained in the numerous AKC publications.
We have newly elected AKC Board members being briefed by individuals
on the AKC staff with less than a year in key positions. We say this
to perhaps explain the possible reason for this latest assault on
the sport. Many of our judges and scholars believe the recent action
of the
AKC Board is in violation of AKC’s own Charter and Bylaws.
Ignorance, of course, is no
excuse. The fact a practice has been in place for a long period of
time without being challenged does not exempt the practice from
being a violation of the charter and bylaws.
The late Bill Kendrick, one of our most respected and beloved
all-breed judges, often said “The Delegate Body is the sleeping
giant within the AKC and one day they will awaken to realize and
assert the rights granted the Delegate Body by the AKC Charter and
Bylaws.” The time has arrived for each Delegate to make themselves
aware of their duties under AKC’s Charter and Bylaws and to stand
tall and declare that the AKC Board cannot continue to make policy
and guidelines and implement them as though they were “RULES”.
Everyone should also realize the AKC Board cannot change a “RULE” by
declaring it a policy.
We respectively request each of you to read the quotes from AKC’s
Charter and Bylaws, which is the governing authority for the AKC.
Read them carefully so that you will comprehend and understand the
recent actions by AKC Board members, which many believe, thwart the
rights of the Delegate Body granted “SOLELY” to them by AKC’s
Charter and Bylaws.
“Charter and Bylaws of The American Kennel Club, Inc.
(Adopted January 5, 1909
Amended to September 14, 2004)
ARTICLE
IX: BOARD OF DIRECTORS
GENERAL POWERS
The Board of Directors shall have the general management of the
business and affairs of the AKC and generally perform all duties
appertaining to the office of director provided, however, that
all the powers conferred by this Article of the Bylaws shall be
exercised subject to all other provisions of these Bylaws and to the
statutes of the State of New York and all amendments thereof and
additions thereto.” (Underline
added)
The above article of AKC’s Charter and Bylaws clearly states AKC
Board members can run the affairs of the AKC provided they comply
with “…all other provisions of these Bylaws...” THERE ARE NO
EXCEPTIONS! With this thought in mind, we refer you to ARTICLE XIX
of AKC’s Charter and Bylaws (below) entitled “RULES”. As you know
from reading the above paragraph, the AKC Board MUST comply with
this ARTICLE.
“ARTICLE XIX: RULES
The Delegates to the AKC shall
have sole power to make the Rules governing dog shows and field
trials and the clubs or associations formed to conduct them.”
This article is on the “RULES” as part of AKC’s Charter and Bylaws,
and it covers “DOG SHOWS” – at “DOG SHOWS”, we have EXHIBITORS – we
have DOGS – we have the local KENNEL CLUB putting on the show and we
have JUDGES that are very much a part
of the show. One cannot separate the JUDGES from the show. Only the
Delegates have authority to make “RULES” affecting the above. This
is abundantly clear. The Delegates
alone have the “SOLE” power to make the “RULES” or change the
“RULES” governing dog shows. With this thought in mind, we refer you
to AKC’s Rules Applying to Dog Shows.
“Rules Applying to Dog Shows
CHAPTER 7 - JUDGES
SECTION 1. Any reputable person who is in good standing with The
American Kennel Club may apply for approval to judge any AKC
recognized breed or breeds of purebred dogs, which in his or her
opinion he or she is qualified by training and experience to pass
upon, with the following exceptions:
Persons connected with any publication in the capacity of solicitor
for kennel advertisements, persons connected with dog food, dog
remedy or kennel supply
companies in the capacity of solicitor or salesman, persons who buy,
sell and in any way trade in or traffic in dogs as a means of
livelihood in whole or in part, professional show superintendents
and their employees, and persons who show dogs for others will not
be approved if still engaged in such activities.”
There is no exception above for anyone connected in anyway to
another registry or who judges dogs at another organization’s shows.
Nor does it allow the AKC Board of Directors to name its own
exception. Remember, the Delegates alone have “SOLE” authority to
make and change the “RULES”. THE TIME HAS COME FOR THE DELEGATES TO
ASSERT THEMSELVES.
The AKC Board rightly has a reading for the Delegates with a
subsequent vote on the issue of adding restrictions on a Delegate’s
eligibility. The Delegates are aware this issue is coming up for the
reading before the Delegate Body at its June 2006 meeting in North
Carolina, and the wording in the exception being proposed for the
Delegates is very similar to or exactly the same to that of the
exception that the AKC Board has arbitrarily, and without the
Delegates’ approval, imposed on its AKC judges. The Senior
Conformation Judges Association has no comment on the reading the
Delegate Body will consider at their June 2006 meeting concerning
the additional exception to become a Delegate. We say this since it
is strictly up to each of you as a Delegate on how you feel about
this exception for your own Delegate Body.
However, the SCJA takes strong objection to the AKC Board not
allowing our representative Delegates to vote on these same
exceptions for the AKC judges. This is further evidence of the AKC
Board’s continued arbitrary and dictatorial administration of its
judges without any consultation or approval of the Delegate Body.
Ask yourself what affect on policy or administrative matters in
running the affairs of the AKC a judge would have standing in a ring
evaluating a dog. A Delegate perhaps might have some influence, but
by no stretch of the
imagination can a judge performing his duties at a dog show affect
the administration policy making of the AKC.
Another serious breach of AKC’s Charter and Bylaws:
ARTICLE X: BOARD OF
DIRECTORS
SPECIFIC POWERS -
SECTION 9.
The Board shall have the power to issue and revoke
licenses to Judges, Superintendents of Purebred Dog Events and
Handlers of Dogs.”
For many, many years, the AKC Board did exactly this. They approved,
or disapproved, individuals applying to judge for AKC shows. For
well over 40 years, AKC Board members could not apply to initially
judge, nor could they apply for additional breeds. This for the very
obvious reason – that it would be a conflict of interest. However,
within the past few years, certain individuals on the AKC Board
proposed, and the rest of the Board agreed, that they would absolve
themselves of the responsibility dictated to them in ARTICLE X
Section 9 above. But who did they pass this responsibility on to?
Their subordinates – individuals within the staff – all of whom are
employees of AKC. A good many people thought this was a mockery to
think this was still not a conflict of interest. One often heard the
questions asked, how many AKC Board members, or their spouses, were
ever turned down for a breed request? The main point here is not the
still apparent conflict of interest – it is that the AKC Board of
Directors again, on their own, changed the AKC’s Charter and Bylaws
without the vote of the Delegate Body. We have been informed by
ex-AKC Board members and a number of Delegates that this was done
without the required vote from the Delegate Body. Remember, the AKC
Board of Directors cannot change a bylaw without it going to the
Delegate Body. Again, just because a practice is initiated does not
make it legal. Again, the Delegate Body must assert itself and
assure that the Charter and Bylaws of the American Kennel Club be
upheld.
Worthy of note – the SCJA was promised at a meeting with the full
AKC Board of Directors present and two representatives from each of
the three national judges groups that the three judges groups would
be consulted on any significant change affecting our judges. No
notice was given by AKC to any of the three national judges
organizations on this most significant change affecting every AKC
judge.
For all the reasons enumerated above, the SCJA feels there is a need
for a standing Delegates Committee on judging policies.
This
authority is granted to the Delegate Body in AKC’s Charter and
Bylaws:
Delegate Standing Rule on Committees
V. The committees shall be organized as follows:
D. From time to time, the Delegate Body may establish and charge
additional standing committees.”
The issue today - the AKC Board cannot change a “RULE” affecting our
judges without the “SOLE” approval of the Delegates. We ask the
Delegates to stand up and assert your rights and have your VOICE
heard on behalf of our AKC judges. The AKC judges need the
Delegates’ support on this issue. By settling this issue, the
Delegates can prevent a costly and time-consuming presentation to
the proper authorities for a resolution of this obvious conflict.
The Delegates should be prepared for what those that attempt to take
exception to the points made in the above summary might try to pull
off by bringing up the authority granted the AKC Board in ARTICLE X
in AKC’s Charter and Bylaws. We refer you to ARTICLE X of AKC’s
Charter and Bylaws:
SECTION 4.
All matters in dispute as to interpretation of the
Rules or Regulations of the AKC shall be submitted to the Board for
its construction, which shall be decisive.”
(Underline added)
Be prepared! This is crystal clear. The only thing the AKC Board is
permitted to interpret is if there is a dispute in the
interpretation of a “RULE” or regulation. This section certainly
does not permit the AKC Board to change or create
a new “RULE” or
regulation.
Whereas this matter was brought to the attention of the AKC Board of
Directors at its April 2006 meeting with a request that it not be
implemented.
Whereas the AKC Board had a full month to study the ramifications
involved in their proposed actions and to have realized it should
have been brought before the Delegate Body for a reading and
consideration for a subsequent vote as required by AKC’s bylaws.
Whereas the AKC Board, knowing full well ARTICLE IX of the bylaws,
mandated that they follow the provisions of ARTICLE X did at their
May 2006 meeting completely ignore the “SOLE” power invested in the
AKC Delegate Body and without proper authority changed a “RULE” of
the AKC by adding a restriction to the requirements to become an AKC
judge.
The Senior Conformation Judges Association hereby respectfully
requests the AKC Delegate Body to assert the “SOLE” power granted
them under ARTICLE X which the AKC Board is mandated to
follow under the provisions in ARTICLE IX to declare null and
void the action taken by the AKC Board of Directors at their May
2006 meeting concerning changing CHAPTER 7 by adding a
restriction to become an AKC judge.
SCJA: Dedicated to serving for the good of all associated with the dog world.
Handy links:
SCJA Cites AKC Charter/Bylaws re Delegate Duties June 2006
Delegates have "sole power" to make the Rules!
Not the AKC Board.
Senior Conf. Judges Assoc. Letter to the AKC Board April 2006
Individual Rights or AKC's Right to
Change The Rules in Mid-Game?
AKC
Conflict Of Interest Policy May 2006
The Policy That Launched A Rebellion
Senior Conf. Judges
Assoc. Letter To Members
No Judges' Associations Were Contacted, SCJA Reacts,
Seeks Input
Conflict Policy Prohibits
Learning New Breeds May 2006
Where Are Judges To Learn About Plott
Hounds and Icelandic Dogs?
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